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Creating a Life Estate in California Draft a deed and include language that reserves your life estate interest in the property. Include the legal description of the property in the deed. Include the name of the county where the property is located when drafting the deed.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
Because beneficial use of the property accompanies a life estate, the creation, transfer or termination of a life estate is a change of ownership under Proposition 13. Under certain circumstances, that change of ownership can lead to a reassessment of the property and the establishment of a new base year value.
There are various types of ownership interest you can have in real property. For example, you could own the property jointly with rights of survivorship with a spouse or adult child or as tenants in common with a business partner. Another type of ownership interest is a life estate.
A life estate vests the beneficial use of property in a person for their lifetime. The person who holds the life estate is the life tenant. The life tenant may have the right to occupy a residential property and/or the right to income from property that is rented or leased to others.
A life tenant does not have complete control over the property because they do not own the whole bundle of rights. The life tenant cannot sell, mortgage or in any way transfer or encumber the property. If either party wants to sell the property, both the life tenant and remainderman must agree.
Life Tenant(s) maintain responsibility for property taxes, insurance and maintenance. Life Tenant(s) are also entitled to rent out the property and to receive all income generated by the property. Remainder Owner(s) automatically take legal ownership of the property immediately upon the death of the last Life Tenant.
Defining a California Life Estate Some people who are on their second (or more) marriage bequeath a life estate to their new spouse. This ensures that after their passing, their partner can continue to live in the property but will not be able to sell or transfer the property title.